The Rules of the Supreme Court (Amendment) 1987
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SUPREME COURT OF ENGLAND AND WALES The Rules of the Supreme Court (Amendment) 1987
1.(1) These Rules may be cited as the Rules of the Supreme Court (Amendment) 1987 and shall come into force
(2) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965[3] and a reference to Appendix A or B is a reference to Appendix A or B to those Rules.
2. In each of the Orders listed below, for the words "Admiralty Registry" there shall be substituted the words "Admiralty and Commercial Registry" Order 1, rule 4 (definition of "cause book"), Order 4, rule 5, Order 32, rule 7, Order 57, rule 2(4), Order 57, rule 3, Order 57, rule 4, Order 57, rule 6, Order 62, rule 29(6), Order 67, rule 1(2) (twice), Order 75, rule 1(2) (definition of "registry"), Order 78, rule 3.
"Admiralty and Commercial Registry 11.(1) In the application of Order 28, rule 2 to commercial actions begun by originating summons, the reference to the Central Office shall have effect as a reference to the Admiralty and Commercial Registry. (2) Order 38, rule 14 shall apply in relation to the issue of a writ of subpoena ad testificandum or subpoena duces tecum in a commercial action as if for references therein to the Central Office there were substituted references to the Admiralty and Commercial Registry. (3) Order 39 and Form Nos. 31, 32 and 34 in Appendix A shall apply in relation to a commercial action as if for references therein to the Central Office (except the references in rule 3) there were substituted references to the Admiralty and Commercial Registry. (4) Order 63, rules 3 and 4 shall apply in relation to documents filed in the Admiralty and Commercial Registry as they apply in relation to documents filed in the Central Office." .
32. Order 12 shall be amended by inserting after rule 8 the following new rule "Application by defendant where writ not served 12A.(1) Any person named as a defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him. (2) Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit. (3) A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons. (4) Where the plaintiff serves the writ in compliance with a notice under paragraph (1) or with an order under paragraph (2) the defendant must acknowledge service within the time limited for so doing." .
33. Order 16, rule 10 shall be amended as follows. (1) The existing rule 10 shall become paragraph (1) of rule 10. (2) After the words "or damages, then," in paragraph (1) there shall be inserted the words "subject to paragraph (2) and". (3) After paragraph (1) there shall be inserted the following new paragraph
(1) The existing rule 7 shall become paragraph (1) of rule 7. (2) After the words "hearing has begun," in paragraph (1) there shall be inserted the words "and subject to paragraph (2)". (3) After paragraph (1) there shall be inserted the following new paragraph
35. Order 20, rule 12(1) shall be amended by substituting, for the words "in a cause or matter in the Chancery Division", the words "in any cause or matter".
36. Order 24 shall be amended by inserting after rule 11 the following new rule "Provision of copies of documents 11A.(1) Any party who is entitled to inspect any documents under any provision of this Order or any order made thereunder may at or before the time when inspection takes place serve on the party who is required to produce such documents for inspection a notice (which shall contain an undertaking to pay the reasonable charges) requiring him to supply a true copy of any such document as is capable of being copied by photographic or similar process. (2) The party on whom such a notice is served must within 7 days after receipt thereof supply the copy requested together with an account of the reasonable charges. (3) Where a party fails to supply to another party a copy of any document under paragraph (2), the Court may, on the application of either party, make such order as to the supply of that document as it thinks fit." .
39. Order 24 shall be amended by inserting, after rule 14, the following new rule "Use of documents 14A. Any undertaking, whether express or implied, not to use a document for any purposes other than those of the proceedings in which it is disclosed shall cease to apply to such document after it has been read to or by the Court, or referred to, in open court, unless the Court for special reasons has otherwise ordered on the application of a party or of the person to whom the document belongs." .
40. Order 38, rule 36(1) shall be amended by omitting the words ", 38".
"Direction that expert report be disclosed 37. Where in any cause or matter an application is made under rule 36(1) in respect of oral expert evidence, then, unless the Court considers that there are special reasons for not doing so, it shall direct that the substance of the evidence be disclosed in the form of a written report or reports to such other parties and within such period as the Court may specify. Meeting of experts 38. In any cause or matter the Court may, if it thinks fit, direct that there be a meeting "without prejudice" of such experts within such periods before or after the disclosure of their reports as the Court may specify, for the purpose of identifying those parts of their evidence which are in issue. Where such a meeting takes place the experts may prepare a joint statement indicating those parts of their evidence on which they are, and those on which they are not, in agreement." .
44. Order 32, rule 11 shall be amended by inserting, in paragraph (1)(a) , after the words "other than applications to which", the words "Order 55, rule 6A, Order 56, rule 13 or".
"Interlocutory applications 6A.(1) Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any Judge or a Master of the Queen's Bench Division or, as the case may be, any Judge or a Registrar of the Family Division, notwithstanding that the appeal has been brought by motion and is to be heard by a Divisional Court. In this paragraph "interlocutory application" includes an application for the extension of time for the service of the notice of motion or the entry of the appeal or for the amendment of the notice of motion. (2) In relation to an order made by a Master or Registrar pursuant to paragraph (1), Order 58, rule 1 shall, where the appeal is to be heard by a Divisional Court, have effect as if a reference to that Court were substituted for the reference to a Judge in chambers. (3) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown." .
"Interlocutory applications 13.(1) Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any Judge or a Master of the Queen's Bench Division or, as the case may be, any Judge or a Registrar of the Family Division, notwithstanding that the appeal has been brought by case stated and is to be heard by a Divisional Court. In this paragraph "interlocutory application" includes an application for an order extending the time for entry of the appeal or for service of notice of entry of the appeal. (2) In relation to an order made by a Master or Registrar pursuant to paragraph (1), Order 58, rule 1 shall, where the application is to be heard by a Divisional Court, have effect as if a reference to that Court were substituted for the reference to a Judge in chambers. (3) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown." .
49. Order 45 shall be amended by adding after rule 13 the following new rule "Enforcement of decisions of Value Added Tax Tribunals 14.(1) An application under section 29 of the Finance Act 1985[4] for registration of a decision of a Value Added Tax Tribunal on an appeal under section 40 of the Value Added Tax Act 1983[5] shall be made by a request in writing to the head clerk of the Crown Office
(2) Notice of the registration of a decision must be served on the person against whom it is sought to enforce the decision by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such manner as the Court may direct. (3) There shall be kept in the Central Office under the direction of the Senior Master a register of the decisions registered under section 29 of the Finance Act 1985, and there shall be included in the register particulars of any execution issued on a decision so registered." .
50. Order 45 shall be amended by adding, after rule 14, the following new rule "Signing judgment for costs without an order 15. A party entitled to tax his costs by virtue of paragraphs (3), (4), (5) or (6) of Order 62, rule 5 may, if the taxed costs are not paid within 4 days after taxation, sign judgment for them." .
(1) In paragraph 2(ii) in Part I, for the words "the fee paid on the issue of the writ", there shall be substituted the words "the appropriate court fees"; (2) For Table A(Basic Costs) in Part I there shall be substituted the following Table A.Basic Costs
(3) Table B(Additional costs) in Part I shall be amended by substituting, for the figures shown in columns (i) and (ii), the following figures
(4) Part III, paragraph 1 shall be amended by substituting, for the sum of "£5.75", the sum of "£6.00"; (5) Part III, paragraph 2 shall be amended by substituting, for the sum of "£23.00", the sum of "£24.00"; (6) Part III, paragraph 3 shall be amended as follows
If the amount recovered by the applicant from the garnishee is
(7) Part III, paragraph 4 shall be amended by substituting, for the sums of "£64.00" and "£10.50", the sums of "£67.00" and "£11.00". (8) Part III, paragraph 5 shall be amended by substituting for the sums of "£24.50" and "£1.60", the sums of "£25.50" and "£1.70"; (9) Part III, paragraph 6 shall be amended by substituting, for the sum of "£30.00", the sum of "£31.50".
56. Order 58, rule 1(3) shall be amended by substituting, for the words "and an appeal to which" to the end, the words "and must be served within 5 days after issue and an appeal to which this rule applies shall not be heard sooner than two clear days after such service.".
58. Order 61 shall be amended by inserting the following new rule after rule 3 "Appeals from Special Commissioners direct to Court of Appeal 4.(1) An application to the Court of Appeal for leave for a case stated by the Special Commissioners under section 56 of the Taxes Management Act 1970[6] to be referred direct to the Court of Appeal shall be made within 30 days after the date on which the party at whose instance the case has been stated receives the case. (2) Such an application shall be made by the parties jointly by lodging the case and a statement of the grounds of the application with the Registrar of Civil Appeals. (3) Such an application shall be determined by a single Judge of the Court of Appeal, who may do so without a hearing. (4) Where leave is refused under this rule the Registrar of Civil Appeals shall forthwith send back the case to the party who required it. (5) Where leave is granted under this rule the Registrar of Civil Appeals shall enter the case in the appropriate list and shall forthwith notify the parties of the date of entry; and the case shall not be heard until after the expiration of 21 days from that date. (6) Not less than 10 days before the hearing of the case either party must give notice to the other of any point which he intends to take at the hearing and which might take the other by surprise and shall furnish three copies of the notice to the Registrar of Civil Appeals. (7) The Registrar of Civil Appeals shall notify the Clerk to the Special Commissioners of the decision of the Court of Appeal on the case and of any directions given by that court thereon. (8) Rule 3 shall not apply in relation to a case stated under section 56 of the Taxes Management Act 1970." .
59. Order 68, rule 3 shall be amended by substituting, for the words from "legal aid might have been" to the end, the words "legal aid to make or defend an appeal has been given to the appellant or, as the case may be, the respondent under Part I of the Legal Aid Act 1974[7].".
60. Order 73, rule 7 shall be amended by substituting for paragraph (1) the following paragraph
61. Order 80, rule 10 shall be amended as follows (1) the existing rule 10 shall become paragraph (1) of rule 10; (2) after paragraph (1) there shall be inserted the following new paragraph
62. Order 93 shall be amended by adding at the end the following new rule "Proceedings under the Financial Services Act 1986[10] 22.(1) In this rule "the Act" means the Financial Services Act 1986 and a section referred to by number means the section so numbered in that Act. (2) Proceedings in the High Court under the Act (other than applications for mandamus) and actions for damages for breach of a statutory duty imposed by the Act shall be assigned to the Chancery Division. (3) Such proceedings and actions shall be begun by writ, except for
(4) No order shall be made under section 6, 61, 71, 91, 104, 131, 184 or paragraph 22 of Schedule 11 against any person unless he is a party to the relevant proceedings or action. (5) Where there is a question of the construction of any of the rules or regulations referred to in section 61(1)(a) of the Act, the Secretary of State, designated agency, or any person referred to in section 61(1)(a) (iv) may make representation to the Court." .
63. The rules cited in the first column of the Schedule to these Rules shall be amended by substituting for the words in the second column thereof the words, if any, in the third column thereof.
Notes: [3] S.I. 1965/1776; the relevant amending instruments are S.I. 1967/829, 1968/1244, 1970/944, 1861, 1971/1269, 1955, 1972/813, 1974/295, 1976/337, 1196, 1977/1955, 1979/522, 1542, 1716, 1980/629, 1010, 1908, 2000, 1982/1111, 1786, 1983/1181, 1984/1051, 1985/69, 1986/632, 1187, 2289. back | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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